Southern District of Texas ENTERED UNITED STATES DISTRICT COURT nt | □□□□□□ Olen SOUTHERN DISTRICT OF TEXAS CORPUS CHRISTI DIVISION MICKEY WAYNE BOSWELL, § Petitioner, v. § CIVIL ACTION NO. 2:19-CV-246 LORIE DAVIS, . Respondent. §

ORDER ADOPTING MEMORANDUM AND RECOMMENDATION Before the Court is Magistrate Judge B. Janice Ellington’s Memorandum and Recommendation (M&R), entered on January 3, 2020. (D.E. 19). The M&R recommends that the Court grant Respondent’s motion for summary judgment (D.E. 12) and deny Petitioner’s § 2254 petition. It is further recommended that a Certificate of Appealability (“COA”) be denied. The parties were provided proper notice of, and the opportunity to object to, the Magistrate Judge’s M&R. See

(b)(1); FED. R. CIv. P. 72(b); General Order No. 2002-13. No objection has been filed. When no timely objection has been filed, the district court need only determine whether the magistrate judge’s memorandum and

recommendation is clearly erroneous or contrary to law. United States v. Wilson,

(Sth Cir. 1989) (per curiam); Powell v. Litton Loan Servicing, LP, No. CIV. A. H-14-2700,

, at *1 (S.D. Tex. June 18, 2015). Having carefully reviewed the proposed findings and conclusions of the Magistrate 1/2

Judge, the filings of the parties, the record, and the applicable law, and finding that the Mé&R is not clearly erroneous or contrary to law, the Court ADOPTS the M&R in its entirety. (D.E. 19). Accordingly, Respondent’s motion for summary judgment (D.E. 12) is GRANTED and Petitioner’s § 2254 petition is DENIED. Furthermore, a COA is hereby DENIED. SIGNED and ORDERED this “C Ce DA S. MORALES UNITED STATES DISTRICT JUDGE

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